Saral Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5019 of 2019 ====================================================== Saral Prasad Yadav Son of Mahendra Yadav Resident of Monikpur, P.S.- Gopalganj, District- Gopalganj.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

The District Magistrate, Gopalganj.

3.

The Sub-Divisional Officer, Gopalganj.

4.

The Block Development Officer-cum-Supply Officer, Gopalganj. Gopalganj. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Srivastava, Advocate For the Respondent/s :

Mr.AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

After some argument learned counsel for the petitioner submits that he may be permitted to prefer a statutory appeal before the District Magistrate, Gopalganj (Respondent No. 2) within a period of 30 days from today. Learned counsel for the State has no objection to the same.

In the given facts and circumstances of the case, as prayed, the writ application is being disposed off with liberty to the petitioner to seek his remedy in statutory appeal against the order dated 13.12.2018 passed in Supply Case No. 03 of 2019

Patna High Court CWJC No.5019 of 2019(2) dt.02-08-2019 2/2 by the Sub-Divisional Officer, Gopalganj whereby the P.D.S. shop license of the petitioner has been cancelled. If such an appeal is preferred within a period of 30 days from today, the same will be considered by the Respondent No. 2 on its own merit and a reasoned order shall be passed within a period of 90 days from the date of filing of the appeal. In case any question of limitation arises, the same will be considered keeping in mind that the petitioner was pursuing his remedy before this Court.

(Rajeev Ranjan Prasad, J) vats/ved U